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PostPosted: Fri Apr 29, 2005 01:05 
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I have been thinking about the new trend of putting speed cameras on motorways..as recently on the M4.
What has struck me, apart from the fact that they haven't been sighted according to the guidelines is that they may not even be legal.

On 30mph roads where speed cameras are located the speed limit applies to all vehicles.

However on motorways for example different vehicles are restricted to different speeds..
For example HGVs over 7.5 tonnes or vehicles pulling trailers are restricted to 60mph on motorways.

Therefore assuming a camera triggering speed of 75mph...

An HGV weighing over 7.5 tonnes or a mini pulling a huge caravan can exceed its own 60mph motorway speed limit by 14mph without triggering a speed camera whereas a car or coach or hgv weighing less than 7.5 tonnes will be prosecuted for only travelling 5mph over its designated limit.

Does this discrimination..ironically against the vehicles which can stop easier make the siting of cameras on motorways illegal or can a motorist argue he shouldn't be prosecuted on the grounds of discrimination or victimisation?

On single carriageway roads and dual carriageways also there variable limits for differing vehicles...

Legal boffins please illucidate.

see here for speed limits....
http://www.highwaycode.gov.uk/09.htm


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PostPosted: Fri Apr 29, 2005 02:16 
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I'm not sure this approach will work.

Firstly, they can do cameras that differentiate between HGVs and cars, secondly it is impossible for any HGV made after 1988 to exceed the normal motorway speed limit unless they are also commiting other offences (such as tampering with the limiter)

Secondly, when the film is processed, they will spot that it's a goods vehicle, often resulting in a debate as to whether it's 7.5 ton or not, but eventually the vehicle will get done for exceeding the speed limit for the class of vehicle. The system is not as automatic as some people like to think.


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PostPosted: Fri Apr 29, 2005 08:15 
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The M4 cameras are manned mobile "talivans".

They can and do differentiate between different classes of vehicle. We have seen a spate of transit type vans being prosecuted for 70mph on NSL dual carriageway.

There has been speculation that forward facing cameras may fall foul of european legislation to the effect that they do not catch motorbikes therefore are not treating all groups equally.

But any such argument will need to be taken through the relevant courts to prove or disprove. Something the CPS often seems reluctant to do.


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PostPosted: Fri Apr 29, 2005 09:02 
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Homer wrote:
There has been speculation that forward facing cameras may fall foul of european legislation to the effect that they do not catch motorbikes therefore are not treating all groups equally.


Yes I heard this too, in fact I believe an individual motorist attempted to use it to render the evidence against him inadmissable on the grounds of discrimination.
'Discrimination', a neat concept when properly applied to ensure equal treatment for those seeking employment etc, but in this instance it is adult language used to communicate childish attitudes i.e.

IT'S NOT FAIR :hissyfit:


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PostPosted: Fri Apr 29, 2005 13:21 
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Quote:
IT'S NOT FAIR :hissyfit:


That (putting my Pepipoo hat on) is for the courts to decide. :wink:


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